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19 U.S.C. § 1671 — Countervailing duties imposed

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1671 — Countervailing duties imposed

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Source location: Title 19, Chapter 4, § 1671; chapter-004-tariff-act-of-1930.md

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**(a) General rule** If— (1) the administering authority determines that the government of a country or any public entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy with respect to the manufacture, production, or export of a class or kind of merchandise imported, or sold (or likely to be sold) for importation, into the United States, and (2) in the case of merchandise imported from a Subsidies Agreement country, the Commission determines that— (A) an industry in the United States— (i) is materially injured, or (ii) is threatened with material injury, or (B) the establishment of an industry in the United States is materially retarded, by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation, then there shall be imposed upon such merchandise a countervailing duty, in addition to any other duty imposed, equal to the amount of the net countervailable subsidy. For purposes of this subsection and [section 1671d(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d/b/1&num=0&edition=prelim), a reference to the sale of merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise. **(b) Subsidies Agreement country** For purposes of this subtitle, the term “Subsidies Agreement country” means— (1) a WTO member country, (2) a country which the President has determined has assumed obligations with respect to the United States which are substantially equivalent to the obligations under the Subsidies Agreement, or (3) a country with respect to which the President determines that— (A) there is an agreement in effect between the United States and that country which— (i) was in force on December 8, 1994, and (ii) requires unconditional most-favored-nation treatment with respect to articles imported into the United States, and (B) the agreement described in subparagraph (A) does not expressly permit— (i) actions required or permitted by the GATT 1947 or GATT 1994, as defined in [section 3501(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501/1&num=0&edition=prelim), or required by the Congress, or (ii) nondiscriminatory prohibitions or restrictions on importation which are designed to prevent deceptive or unfair practices. **(c) Countervailing duty investigations involving imports not entitled to a material injury determination** In the case of any article or merchandise imported from a country which is not a Subsidies Agreement country— (1) no determination by the Commission under section 1671b(a), 1671c, or 1671d(b) of this title shall be required, (2) an investigation may not be suspended under section 1671c(c) or 1671c(l) of this title, (3) no determination as to the presence of critical circumstances shall be made under section 1671b(e) or 1671d(a)(2) of this title, (4) [section 1671e(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671e/c&num=0&edition=prelim) shall not apply, (5) any reference to a determination described in paragraph (1) or (3), or to the suspension of an investigation under section 1671c(c) or 1671c(l) of this title, shall be disregarded, and (6) [section 1675(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675/c&num=0&edition=prelim) shall not apply. **(d) Treatment of international consortia** For purposes of this part, if the members (or other participating entities) of an international consortium that is engaged in the production of subject merchandise receive countervailable subsidies from their respective home countries to assist, permit, or otherwise enable their participation in that consortium through production or manufacturing operations in their respective home countries, then the administering authority shall cumulate all such countervailable subsidies, as well as countervailable subsidies provided directly to the international consortium, in determining any countervailing duty upon such merchandise. **(e) Upstream subsidies** Whenever the administering authority has reasonable grounds to believe or suspect that an upstream subsidy, as defined in section 1677–1(a)(1) 11 So in original. Probably should be section “1677–1(a)”. of this title, is being paid or bestowed, the administering authority shall investigate whether an upstream subsidy has in fact been paid or bestowed, and if so, shall include the amount of the upstream subsidy as provided in section 1677–1(a)(3) 22 So in original. Probably should be section “1677–1(c)”. of this title. **(f) Applicability to proceedings involving nonmarket economy countries** (1) **In general** — Except as provided in paragraph (2), the merchandise on which countervailing duties shall be imposed under subsection (a) includes a class or kind of merchandise imported, or sold (or likely to be sold) for importation, into the United States from a nonmarket economy country. (2) **Exception** — A countervailing duty is not required to be imposed under subsection (a) on a class or kind of merchandise imported, or sold (or likely to be sold) for importation, into the United States from a nonmarket economy country if the administering authority is unable to identify and measure subsidies provided by the government of the nonmarket economy country or a public entity within the territory of the nonmarket economy country because the economy of that country is essentially comprised of a single entity.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1303 — Repealed. Pub. L. 103–465, title II, § 261(a), Dec. 8, 1994, 108 Stat. 4908

### Statutory Notes Section, acts June 17, 1930, ch. 497, title III, § 303, 46 Stat. 687; Jan. 3, 1975, Pub. L. 93–618, title III, § 331(a), 88 Stat. 2049; Apr. 3, 1979, Pub. L. 96–6, § 1, 93 Stat. 10; July 26, 1979, Pub. L. 96–39, title I, §§ 103, 105(a), 93 Stat. 190, 193, provided for the levy of countervailing duties. #### Effective Date of Repeal Pub. L. 103–465, title II, § 261(a), Dec. 8, 1994, 108 Stat. 4908, provided that this section is repealed “effective on the effective date of this title [Jan. 1, 1995, see Effective Date of 1994 Amendment note set out under [section 1671 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671&num=0&edition=prelim)]”. #### Savings Provision Pub. L. 103–465, title II, § 261(b), (c), Dec. 8, 1994, 108 Stat. 4908, 4909, provided that: “(b) Savings Provisions.—“(1) Continuing effect of legal documents.—All orders, determinations, and other administrative actions—“(A) which have been issued pursuant to an investigation conducted under section 303 of the Tariff Act of 1930 [[19 U.S.C. 1303](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1303&num=0&edition=prelim)], and “(B) which are in effect on the effective date of this title [Jan. 1, 1995, see Effective Date of 1994 Amendment note set out under [section 1671 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671&num=0&edition=prelim)], or were final before such date and are to become effective on or after such date, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the administering authority, the International Trade Commission, or a court of competent jurisdiction, or by operat

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2631 — Persons entitled to commence a civil action

**(a)** A civil action contesting the denial of a protest, in whole or in part, under section 515 of the Tariff Act of 1930 may be commenced in the Court of International Trade by the person who filed the protest pursuant to section 514 of such Act, or by a surety on the transaction which is the subject of the protest. **(b)** A civil action contesting the denial of a petition under section 516 of the Tariff Act of 1930 may be commenced in the Court of International Trade by the person who filed such petition. **(c)** A civil action contesting a determination listed in section 516A of the Tariff Act of 1930 may be commenced in the Court of International Trade by any interested party who was a party to the proceeding in connection with which the matter arose. **(d)** (1) A civil action to review any final determination of the Secretary of Labor under section 223 of the Trade Act of 1974 with respect to the eligibility of workers for adjustment assistance under such Act may be commenced in the Court of International Trade by a worker, group of workers, certified or recognized union, or authorized representative of such worker or group that applies for assistance under such Act and is aggrieved by such final determination. (2) A civil action to review any final determination of the Secretary of Commerce under section 251 of the Trade Act of 1974 with respect to the eligibility of a firm for adjustment assistance under such Act may be commenced in the Court of International Trade by a firm or its representative that applies for assistance under such Act and is aggrieved by such final determination, or by any other interested domestic party that is aggrieved by such final determination. (3) A civil action to review any final determination of the Secretary of Commerce u

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1675b — Special rules for injury investigations for certain section 1303 or section 1671(c) countervailing duty orders and investigations

**(a) In general** (1) **Investigation by the commission upon request** — In the case of a countervailing duty order described in paragraph (2), which— (A) applies to merchandise that is the product of a Subsidies Agreement country, and (B) (i) is in effect on the date on which such country becomes a Subsidies Agreement country, or (ii) is issued on a date that is after the date described in clause (i) pursuant to a court order in an action brought under [section 1516a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1516a&num=0&edition=prelim), the Commission, upon receipt of a request from an interested party described in section 1677(9)(C), (D), (E), (F), or (G) of this title for an injury investigation with respect to such order, shall initiate an investigation and shall determine whether an industry in the United States is likely to be materially injured by reason of imports of the subject merchandise if the order is revoked. (2) **Description of countervailing duty orders** — A countervailing duty order described in this paragraph is an order issued under section 1303 11 See References in Text note below. of this title or [section 1671(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671/c&num=0&edition=prelim) with respect to which the requirement of an affirmative determination of material injury was not applicable at the time such order was issued. (3) **Requirements of request for investigation** — A request for an investigation under this subsection shall be submitted— (A) in the case of an order described in paragraph (1)(B)(i), within 6 months after the date on which the country described in paragraph (1)(A) becomes a Subsidies Agreement country,

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1677g — Interest on certain overpayments and underpayments

**(a) General rule** Interest shall be payable on overpayments and underpayments of amounts deposited on merchandise entered, or withdrawn from warehouse, for consumption on and after— (1) the date of publication of a countervailing or antidumping duty order under this subtitle or section 1303 11 See References in Text note below. of this title, or (2) the date of a finding under the Antidumping Act, 1921. **(b) Rate** The rate of interest payable under subsection (a) for any period of time is the rate of interest established under [section 6621 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section6621&num=0&edition=prelim) for such period.

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19 U.S.C. § 1677b — Normal value

**(a) Determination** In determining under this subtitle whether subject merchandise is being, or is likely to be, sold at less than fair value, a fair comparison shall be made between the export price or constructed export price and normal value. In order to achieve a fair comparison with the export price or constructed export price, normal value shall be determined as follows: (1) **Determination of normal value** (A) *In general* — The normal value of the subject merchandise shall be the price described in subparagraph (B), at a time reasonably corresponding to the time of the sale used to determine the export price or constructed export price under section 1677a(a) or (b) of this title. (B) *Price* — The price referred to in subparagraph (A) is— (i) the price at which the foreign like product is first sold (or, in the absence of a sale, offered for sale) for consumption in the exporting country, in the usual commercial quantities and in the ordinary course of trade and, to the extent practicable, at the same level of trade as the export price or constructed export price, or (ii) in a case to which subparagraph (C) applies, the price at which the foreign like product is so sold (or offered for sale) for consumption in a country other than the exporting country or the United States, if— (I) such price is representative, (II) the aggregate quantity (or, if quantity is not appropriate, value) of the foreign like product sold by the exporter or producer in such other country is 5 percent or more of the aggregate quantity (or value) of the subject merchandise sold in the United States or for export to the United States, and (III) the administering authority does not determine that the particular market situation prevents a proper comp

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19 U.S.C. § 2253 — Action to facilitate positive adjustment to import competition

**(a) Presidential action** If the United States International Trade Commission (hereinafter referred to in this part as the “Commission”) determines under [section 2252(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/b&num=0&edition=prelim) that an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article, the President, in accordance with this part, shall take all appropriate and feasible action within his power which the President determines will facilitate efforts by the domestic industry to make a positive adjustment to import competition and provide greater economic and social benefits than costs. **(b) Positive adjustment to import competition** (1) For purposes of this part, a positive adjustment to import competition occurs when— (A) the domestic industry— (i) is able to compete successfully with imports after actions taken under [section 2254 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2254&num=0&edition=prelim) terminate, or (ii) the domestic industry experiences an orderly transfer of resources to other productive pursuits; and (B) dislocated workers in the industry experience an orderly transition to productive pursuits. (2) The domestic industry may be considered to have made a positive adjustment to import competition even though the industry is not of the same size and composition as the industry at the time the investigation was initiated under [section 2252(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-sectio

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19 U.S.C. § 1671b — Preliminary determinations

**(a) Determination by Commission of reasonable indication of injury** (1) **General rule** — Except in the case of a petition dismissed by the administering authority under [section 1671a(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671a/c/3&num=0&edition=prelim), the Commission, within the time specified in paragraph (2), shall determine, based on the information available to it at the time of the determination, whether there is a reasonable indication that— (A) an industry in the United States— (i) is materially injured, or (ii) is threatened with material injury, or (B) the establishment of an industry in the United States is materially retarded, by reason of imports of the subject merchandise and that imports of the subject merchandise are not negligible. If the Commission finds that imports of the subject merchandise are negligible or otherwise makes a negative determination under this paragraph, the investigation shall be terminated. (2) **Time for Commission determination** — The Commission shall make the determination described in paragraph (1)— (A) in the case of a petition filed under [section 1671a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671a/b&num=0&edition=prelim)— (i) within 45 days after the date on which the petition is filed, or (ii) if the time has been extended pursuant to [section 1671a(c)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671a/c/1/B&num=0&edition=prelim), within 25 days after the date on which the Commission receives notice from the administering authority of initiation of the investigation, and (B) in the case of an investigation initiated und

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19 U.S.C. § 1677 — Definitions; special rules

For purposes of this subtitle— (1) **Administering authority** — The term “administering authority” means the Secretary of Commerce, or any other officer of the United States to whom the responsibility for carrying out the duties of the administering authority under this subtitle are transferred by law. (2) **Commission** — The term “Commission” means the United States International Trade Commission. (3) **Country** — The term “country” means a foreign country, a political subdivision, dependent territory, or possession of a foreign country, and, except for the purpose of antidumping proceedings, may include an association of 2 or more foreign countries, political subdivisions, dependent territories, or possessions of countries into a customs union outside the United States. (4) **Industry** (A) *In general* — The term “industry” means the producers as a whole of a domestic like product, or those producers whose collective output of a domestic like product constitutes a major proportion of the total domestic production of the product. (B) *Related parties* (i) If a producer of a domestic like product and an exporter or importer of the subject merchandise are related parties, or if a producer of the domestic like product is also an importer of the subject merchandise, the producer may, in appropriate circumstances, be excluded from the industry. (ii) For purposes of clause (i), a producer and an exporter or importer shall be considered to be related parties, if— (I) the producer directly or indirectly controls the exporter or importer, (II) the exporter or importer directly or indirectly controls the producer, (III) a third party directly or indirectly controls the producer and the exporter or importer, or (IV) the producer

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19 U.S.C. § 1671a — Procedures for initiating a countervailing duty investigation

**(a) Initiation by administering authority** A countervailing duty investigation shall be initiated whenever the administering authority determines, from information available to it, that a formal investigation is warranted into the question of whether the elements necessary for the imposition of a duty under [section 1671(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671/a&num=0&edition=prelim) exist. **(b) Initiation by petition** (1) **Petition requirements** — A countervailing duty proceeding shall be initiated whenever an interested party described in subparagraph (C), (D), (E), (F), or (G) of [section 1677(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677/9&num=0&edition=prelim) files a petition with the administering authority, on behalf of an industry, which alleges the elements necessary for the imposition of the duty imposed by [section 1671(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671/a&num=0&edition=prelim), and which is accompanied by information reasonably available to the petitioner supporting those allegations. The petition may be amended at such time, and upon such conditions, as the administering authority and the Commission may permit. (2) **Simultaneous filing with Commission** — The petitioner shall file a copy of the petition with the Commission on the same day as it is filed with the administering authority. (3) **Petition based upon a derogation of an international undertaking on official export credits** — If the sole basis of a petition filed under paragraph (1) is the derogation of an international undertaking on official export credits, the Administering Authority shall immediately notify

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19 U.S.C. § 1673a — Procedures for initiating an antidumping duty investigation

**(a) Initiation by administering authority** (1) **In general** — An antidumping duty investigation shall be initiated whenever the administering authority determines, from information available to it, that a formal investigation is warranted into the question of whether the elements necessary for the imposition of a duty under [section 1673 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673&num=0&edition=prelim) exist. (2) **Cases involving persistent dumping** (A) *Monitoring* — The administering authority may establish a monitoring program with respect to imports of a class or kind of merchandise from any additional supplier country for a period not to exceed one year if— (i) more than one antidumping order is in effect with respect to that class or kind of merchandise; (ii) in the judgment of the administering authority there is reason to believe or suspect an extraordinary pattern of persistent injurious dumping from one or more additional supplier countries; and (iii) in the judgment of the administering authority this extraordinary pattern is causing a serious commercial problem for the domestic industry. (B) *Initiation of investigation* — If during the period of monitoring referred to in subparagraph (A), the administering authority determines that there is sufficient information to initiate a formal investigation under this subsection regarding an additional supplier country, the administering authority shall immediately initiate such an investigation. (C) *Definition* — For purposes of this paragraph, the term “additional supplier country” means a country regarding which no antidumping investigation is currently pending, and no antidumping duty order is currently in effect, with respect t

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